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HIRDESH
Bashir Khan – Appellant
Versus
Ishrat Bano – Respondent
ORDER :
This Criminal Revision under Section 397 read with Section 401 of Cr.P.C has been filed against the order dated 21.01.2022 passed by First Additional Sessions Judge, Shivpuri (M.P.) in Criminal Appeal No.25/2021 confirming the order dated 09.02.2021 passed in MJCR No.1200291/2015 by Judicial Magistrate First Class, Shivpuri, whereby the application filed by respondent under Section 12 of Protection of Women from Domestic Violence Act (in short "the DV Act") has been allowed by the trial Court with a direction to pay Rs.3,000/- as maintenance amount to the respondent.
2. Brief facts of the case are that an application under Section 12 of the Protection of Women from Domestic Violence Act (in short "the Act") was filed by the respondent against her father-in-law (petitioner herein) and other in-laws pleading that her marriage took place on 14.06.2011 with Sarif Khan (son of petitioner) and two daughters namely, Natasha and Rimasha were born from their wedlock. On 30.06.2015, husband of respondent died and thereafter, she filed an application under Sections 18 to 22 of the DV Act before the trial Court demanding maintenance of Rs.40,000/-per month to meet out her day-to-day need
Under Mahomedan Law, a father-in-law is not obligated to provide maintenance to his daughter-in-law after the death of his son.
The obligation to provide maintenance under the PWDV Act and related laws ceases when a child attains the age of majority, as defined in the relevant statutes.
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
Only individuals defined as 'children' under 18 years can claim maintenance, and entitlement ceases upon reaching majority, as outlined in the PWDV Act.
The main legal point established in the judgment is that the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
The main legal point established in the judgment is that a widowed daughter-in-law is entitled to maintenance and other relief from her father-in-law according to the provisions of the PWDV Act.
The obligation to pay maintenance to a non-earning daughter continues until her marriage, as per Section 20(3) of the Maintenance Act, and maintenance orders under Section 20(1)(d) of the D.V. Act mu....
Point of Law : Even though the proceedings under the D.V. Act may be independent proceeding, the Magistrate cannot ignore the maintenance awarded in any other legal proceedings, while determining whe....
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